[Adopted 6-17-2008 by Ord. No. 107 (Ch. 20, Part 3, of the
1999 Code of Ordinances)]
A.
This article hereby establishes a program for collection, storage,
transportation, processing and disposal of municipal waste and for
the mandatory source-separation and separate curbside collection and
recycling of designated recyclables; providing for the regulation
of private haulers; disposal of designated recyclables and leaf waste
recycling with municipal waste; prohibiting the burning of designated
recyclables and leaf waste; empowering the Township to adopt reasonable
regulations/policies and procedures therefor and fixing penalties
for violation of this article.
B.
All domestic, commercial, institutional and industrial recyclables
accumulated upon any property within Coolbaugh Township shall be collected
and removed by a private hauler who shall be permitted by the State
of Pennsylvania. Waste shall be disposed of in accordance with the
Solid Waste Management Act[1] and the Monroe County Municipal Waste Plan.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C.
This article shall provide mandatory participation in the recycling
program in accordance with the requirements of Act 101 of 1988[2] and govern all aspects of the collection, storage, transportation,
processing and disposal of municipal solid waste in Coolbaugh Township.
It contains regulations that are applicable to collectors of municipal
waste and/or recyclables, individuals, developments and commercial,
municipal and institutional establishments, and community activities.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
The purpose of this article is to establish a program for the
mandatory source-separation, separate collection and recycling of
designated recyclable materials, and composting of leaf waste, from
residences and properties receiving municipal waste collection service
from or on behalf of the Township of Coolbaugh for recycling and composting
purposes; to prohibit the disposal of designated recyclable materials
into the conventional municipal waste disposal system; to empower
the Township to promulgate and adopt reasonable rules and regulations
therefor, and to fix penalties for violation of this article.
As used in this article, the following terms shall have the
meaning indicated, unless a different meaning appears clearly from
the context:
One who performs an act for his immediate family or for another
person as defined in this article, with or without compensation.
Empty, all-aluminum beverage and food containers.
A private hauler (as defined herein) or a person who, being
so authorized by the terms of this article, removes municipal waste
or recyclables from his own premises, as owner of the building or
commercial, municipal or institutional establishment or community
activity conducted therein, or as an agent of another person.
Empty food or beverage containers consisting of both steel
and aluminum.
Any large durable goods such as refrigerators, washing machines,
window air conditioners, hot-water heaters, dishwashers and any other
major home appliances in addition to other large bulk items such as
dressers, beds, mattresses, sofas, televisions sets and other large
household items.
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business or establishment.
Recyclables mingled or blended together, placed in the same
container.
Events sponsored in whole or in part by a mandated municipality,
or conducted within a municipality and sponsored privately, which
include, but are not limited to, fairs, bazaars, socials, picnics
and organized sporting events that will be attended by 200 or more
individuals per day.
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield humus-like product.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packing
cartons and boxes.
That location at the edge of any lot, parcel or piece of
land adjacent to a public right-of-way or roadway, and which location
is most accessible and/or convenient to any authorized collector,
as defined by this article, for the purpose of collecting municipal
waste and/or recyclables.
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside at a
time designated by Coolbaugh Township for collection and removal thereof
for delivery to a recycling center.
Those recyclable materials specified by Coolbaugh Township
for collection under its mandatory recycling program.
A recorded residential subdivision in which homeowners are
members of a duly organized, validly existing property owners association
or corporation and which has been recognized by and registered with
the Board of Supervisors of Coolbaugh Township, as required by this
article.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All empty food and beverage jars or bottles, the product
being transparent or translucent (clear, green or brown). Expressly
excluded are noncontainer glass, window or plate glass, light bulbs,
blue glass and porcelain and ceramic products.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper.
Of, or pertaining to, any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes,
schools, universities, churches and social or fraternal societies
and organizations.
The owner of residential property, made subject to a lease,
or such owner's authorized agent.
Leaves from trees, bushes and other plants, garden residue,
shrubbery and tree trimmings and similar materials, but not including
grass clippings.
Printed matter, also known as "periodicals," containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
Of, or pertaining to, any office or other property under
the control of any branch or arm of the Federal Government of the
United States of America, the Commonwealth of Pennsylvania or any
political subdivision of the Commonwealth of Pennsylvania including,
but not limited to, Coolbaugh Township, any counties, cities, boroughs,
townships and municipal authorities.
Any garbage, refuse, industrial, lunchroom or office waste
and other materials, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal
or commercial or institutional establishments, or from community activities
and which are not classified as residual or hazardous waste, except
farm-produced manure, other agricultural waste and food processing
waste used on land where such materials will improve the condition
of the soil, the growth of crops or the restoration of the land for
the same purposes, and any sludge not meeting the definition of "residual
or hazardous waste," as defined in Commonwealth of Pennsylvania Solid
Waste Management Act. The term does not include source-separated recyclable
materials or leaf waste.
Any facility that is designed, operated, used and/or maintained
for the disposal of municipal waste. The term shall not include any
facility that is used exclusively for disposal of construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
coated paper, office paper and any other paper products of any nature.
Any agent, individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
federal government or agency, state institution or agency, or any
other legal entity whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this article prescribing
a fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers and directors.
Empty plastic food and beverage containers, the specific
types of which are:
A person licensed by the State of Pennsylvania as per the
amended Title 27 (Environmental Resources), Waste Transportation Safety
Program, of the Pennsylvania Consolidated Statutes, to collect, haul
or transport municipal waste and recyclables. All such haulers shall
comply with the provisions of Title 27, as well as all federal, state,
county and local laws and regulations.
Materials designated as recyclable in this article or required
by the terms of this article (or any amendment hereto) to be kept
separate from municipal waste and recycled. The term includes leaf
waste (as defined herein).
A facility employing a technology and/or a process that separates
or classifies municipal waste and creates or recovers reusable materials
that can be sold to or reused by a manufacturer as a substitute for
or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities. The term does
not include:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, dropoff point or collection
center for recycling, or any source-separation or collection center
for comporting leaf waste.
Any facility, including all units in the facility with a total
processing capacity of less than 50 tons per day.
Any person residing or sleeping in a building or having possession
of a space within a building.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescrible solid waste.
Empty food or beverage containers made of steel, tin-coated
steel or ferrous metal food or beverage containers.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal. This presumption may be overcome
only by clear and convincing evidence to the contrary.
Coolbaugh Township, Monroe County, Pennsylvania.
A facility that receives and processes or temporarily stores
municipal or residual waste at a location other than the generation
site and which facilitates the transportation or transfer of municipal
or residual waste to a processing or disposal facility. The term includes
a facility that uses a method or technology to convert part or all
of such waste materials for off-site refuse. The term does not include
a collection or processing center that is only for source-separated
recyclable materials, including clear glass, colored glass, aluminum,
steel and bimetallic cans, high-grade office paper, newsprint, corrugated
paper and plastic. Nor does the term include the designated location
of a container within the development where agents of the lot's
owners have deposited municipal waste collected from the development
residences for subsequent collection and disposition by a private
hauler.
The removal from any site or location of any municipal waste
or recyclable materials at any time after generation thereof.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials, leaf waste or material approved by the Commonwealth of
Pennsylvania, Department of Environmental Protection for beneficial
use.
A.
It shall be unlawful for any person to store, dump, discard or deposit
or to permit the storage, dumping, discarding or depositing of any
municipal waste or recyclables upon the surface of the ground or underground
within the Township, except in proper containers for purposes of storage
or collection, and except where the waste or recyclables are of such
size or shape as not to permit their being placed in such containers.
It shall be unlawful for any person to dump or deposit any municipal
waste or recyclables in any stream, body of water or on any public
right-of-way within the Township.
B.
Every owner of property or occupant thereof responsible for such
property's day-to-day operation or maintenance shall pick up
and discard in any appropriate receptacle any municipal waste, recyclables
or other debris and place same at the curbside location or on the
sidewalk or gutter in front of or adjacent to their property. All
owners or operators of commercial, institutional and municipal establishments
in the Township shall take all reasonable precautions to prevent the
deposit and accumulation of debris on their premises. Such owner or
operator may place appropriate waste containers on the sidewalks in
front of or adjacent to their premises at a point that will not create
a hazard to traffic or pedestrians. Any such receptacles so placed
shall be emptied on a regular basis and maintained in a neat and clean
appearance.
C.
Nothing contained herein shall prohibit a duly constituted property
owners association or corporation from assembling municipal waste
or recyclables at a central, accessible location, provided such activities
are conducted and confined within the boundaries of that real estate
development or subdivision, as defined herein, lawfully recorded and
recognized as such.
D.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operation, including composting
and spreading of manure or other farm-produced agricultural waste,
provided such activities be conducted in accordance with all applicable
laws, rules and regulations.
E.
Bulk containers shall not be permitted to overflow or to have waste
strewn or left about them on the ground. A violation of this provision
shall be deemed a violation of this article by the person on whose
property the bulk container is located, if it is located on private
property.
F.
No waste or recyclables shall be allowed to either accumulate on
the ground or be disposed of on highways, Township roads, vacant lots
or other property, nor be thrown in any stream or other body of water.
G.
From time to time, the Township Supervisors may, by resolution, enumerate
alternative recyclables, which will require to be separated from municipal
waste and collected in accordance with this chapter provided a sixty-day
notification is given to private haulers and residents.
A.
No person shall ignite, cause, feed, permit or maintain any open
fire for the destruction of solid waste or recyclables, to include
leaf waste, designated in this article on any property under his control,
except as hereinafter provided.
B.
Exceptions to open burning prohibition.
(1)
Open fires may be set in the performance of an official duty of any
public officer if the fire is deemed necessary for the prevention
of a fire hazard, which cannot be abated otherwise; and for the protection
of public health.
(2)
No open burning shall occur during any fire ban emergency declared
pursuant to this provision.
(3)
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operations, provided such activities
are conducted in accordance with all applicable laws, rules and regulations.
(4)
Campfires and wood fires for food preparation.
A.
Recyclables and leaf waste shall be kept separate from municipal
waste, for the purpose of recycling and composting respectively, to
the extent required by the following provisions:
(1)
Owners and occupants of all residential properties shall keep separate
the following designated recyclables: clear glass containers, brown
glass containers, green glass containers, aluminum cans, tin cans,
plastics #1 and #2, and newspapers. Leaf waste is required to be separated
for the purpose of composting.
(2)
Owners and occupants of all commercial, municipal and institutional
establishments and properties and organizers of community activities
shall keep separate the following recyclables; clear glass containers,
brown glass containers, green glass containers, aluminum cans, corrugated,
newspapers, mixed paper and high-grade office paper. Leaf waste shall
also be kept separate for the purpose of composting. Owners and occupants
of commercial, municipal and institutional establishments may seek
an exemption to the requirements of this chapter [as specified under
Act 101, 53 P.S. § 4000.1501(c)(1)(iii)] if the owners and
occupants have otherwise provided for recycling of the materials they
are required by this article to recycle. To be eligible for an exemption,
a commercial, municipal or institutional solid waste generator must
annually provide written documentation to the Township of the total
number of tons recycled.
(3)
Additionally, the Township may subsequently enumerate additional
recyclables that will be required to be separated from municipal waste
and collected in accordance with this article, provided a sixty-day
notification is provided to private haulers and residents.
B.
Corrugated paper shall be placed in easy-to-manage bundles not to
exceed 50 pounds and kept dry. Glass containers and aluminum cans
shall be emptied and cleaned. Aluminum cans and glass containers may
be mixed together and placed in containers initially provided by the
Township. High-grade office paper shall be placed in boxes not to
exceed 50 pounds. Recyclables shall not be placed in the same garbage
can or other container as or otherwise mixed with municipal waste
for collection, removal or disposal. Recyclables shall not be placed
in plastic bags or other disposable bags or containers made of polyethylene
or other similar base.
A.
Unless otherwise provided for composting, all persons who gather
leaf waste shall keep leaf waste from trees, bushes and other plants,
garden residue, shrubbery and tree trimmings, but not including grass
clippings, separate from all other forms of municipal waste and separate
from recyclables. Such leaf waste shall be set out for collection
at the times and in a manner to be designated by the Township and
shall be collected and delivered by the Township to its leaf composting
facility. The leaf waste collection schedule shall be advertised by
the Township two weeks prior to the fall and spring collections.
B.
Nothing herein shall require any person to gather leaf waste or prevent
any person from utilizing leaf waste for compost, mulch, or other
agricultural or horticultural purposes.
For residential properties other than multifamily dwellings,
all recyclables, which are required to be kept separate from municipal
waste in residential properties, shall be placed at curbside or some
appropriate location on the premises, to be collected at times designated
by the Township. The frequency of such collection shall be not less
than once per calendar month during the first week of each month.
A.
For multifamily dwellings, all recyclables, which are required to
be kept separate from municipal waste, in residential properties,
shall be picked up by a private hauler separately from municipal waste,
in a prearranged manner for the exclusive purpose of recycling.
B.
The owner, landlord or agent or, when appropriate, the Board of directors,
of every multifamily dwelling shall require, by a clause in the lease
or other enforceable rule or regulation, that the tenants in such
property comply with the requirements of this article governing separation
and/or placement for removal of recyclables in multifamily dwellings.
Every such landlord shall set up a convenient and practical collection
system in such properties for the collection, storage and placement
for removal of recyclables generated by the residents of such properties.
C.
The collection system must include suitable containers for collection
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collection system.
D.
Owners, landlords and agents of owners or landlords who comply with
the aforementioned requirements relative to multifamily dwellings
shall not be liable for the noncompliance of occupants of their building.
All recyclables, which are required to be kept separate from
municipal waste in commercial, municipal and institutional establishments
and properties and community activities, either shall be delivered
directly to a recycling center or shall be picked up by an authorized
private hauler separately from municipal waste, in a prearranged manner,
for the exclusive purpose of recycling. Commercial, municipal and
institutional establishments and community activities shall not place
recyclables within or near the public right-of-way for curbside collection,
such curbside collection being intended solely for the placement of
recyclables generated in residential properties other than multifamily
housing properties.
A.
Every commercial, municipal and institutional establishment and community
activity sponsor or organizer shall annually complete a form to be
designated "Recycling Plan for Commercial, Municipal and Institutional
Establishments and Community Activities," to be provided by the Township,
on which the establishment or sponsor shall set forth its planned
method for removal of recyclables.
(1)
On the recycling plan, each establishment shall set forth its name,
the address of the premises to which the plan pertains, the name and
address of the building owner, the name and address of the private
hauler who regularly services the establishment, the method of municipal
waste disposal utilized by the establishment if no private hauler
is used, and, in such case, where the waste is disposed of.
(2)
The recycling plan shall further set forth the name and business
address of the employee or other person responsible for arranging
disposal or removal of municipal waste and recyclables within the
establishment, the method by which recyclables will be removed by
the establishment, who will remove the recyclables, and the destination
of the recyclables.
(3)
The operator of the business or other establishment occupying the
premises, whether or not such person is the owner of the building,
shall be responsible for filing the recycling plan. For community
activities, the sponsor or organizer shall be responsible for filing
the recycling plan.
(4)
The recycling plan required hereby must be submitted annually to
the Township at its designated office, and shall be acted upon and
either approved or disapproved by the Township's designated official
within 60 days of proper filing thereof. If no action is taken within
60 days, then the plan shall be deemed approved. Any person required
by this article to complete and submit a recycling plan and obtain
approval thereof and who fails to do so shall be guilty of a violation
of this article.
(5)
If, during any calendar year, the identity of the commercial, municipal,
or institutional establishment or community activity sponsor, the
method of removing recyclables, or the identity of the private hauler
regularly servicing the property shall change, then the establishment
or sponsor shall, at the time of such change(s), submit a revised
recycling plan for the balance of the calendar year, accurately setting
forth the change(s).
B.
Each commercial, municipal and institutional establishment and community
activity sponsor or organizer shall complete a form to be designated
"Recycling Report," to be provided by the Township, which shall indicate
where the property's recyclables were delivered or picked up
by whom. Such report shall provide information on the type and amount
of each material recycled.
C.
The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclables are delivered or taken shall
be submitted quarterly to the Township. For purposes of submitting
such weigh slips and recycling reports quarterly to the Township,
the private hauler who removed the recyclables from the property may
be the agent for the commercial, municipal and institutional establishment
and community activity sponsor or organizer and shall be responsible
for completing and submitting such to the Township. Each such quarterly
recycling report shall be submitted on or before the last day of the
first month of each quarter for the preceding quarter. Quarters shall
run on a calendar-year basis thus: January through March; April through
June; July through September; and October through December.
A.
The landlord of every multifamily housing property shall annually
complete a form to be designated "Recycling Plan for Multifamily Housing
Properties," to be provided by the Township, on which the landlord
shall set forth his planned method for removal of recyclables.
(1)
One such plan shall be completed and submitted for each property.
All pertinent information requested on the plan shall be provided
prior to submission. Each such recycling plan shall set forth the
name and address of the landlord, the address of the property to which
the plan pertains, and the name and address of the private hauler
who regularly services the property.
(2)
The recycling plan shall further set forth the name and business
address of the employee or other person responsible for arranging
disposal or removal of municipal waste and recyclables within the
property, the method by which recyclables will be removed from the
property, who will remove the recyclables, and the destination of
the recyclables.
(3)
The recycling plan required hereby must be submitted quarterly to
the Township at its designated office and shall be acted upon and
either approved or disapproved by the Township's designated official
within 60 days of proper filing thereof. If no action is taken within
60 days, then the plan shall be deemed approved. Any person required
by this article to complete and submit a recycling plan and obtain
approval thereof and who fails to do so shall be guilty of a violation
of this article.
(4)
If, during any calendar year, the identity of the landlord, the method
of disposing of recyclables, or the identity of the private hauler
regularly servicing the property shall change, then the landlord of
such multifamily housing property shall, at the time of such change(s),
submit a revised recycling plan for the balance of the calendar year,
accurately setting forth such change(s).
B.
The landlord of every multifamily housing property and every commercial,
municipal and institutional establishment and community activity sponsor
shall complete a form to be designated "Recycling Report," to be provided
by the Township, which shall indicate where the property's recyclables
were delivered or picked up by whom. Such report shall provide information
on the type and amount of each material recycled.
C.
The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclables are delivered or taken shall
be submitted quarterly to the Township. For purposes of submitting
such weigh slips and recycling reports quarterly to the Township,
the private hauler who removed the recyclables from the property may
be the agent for the landlord, operator of the establishment or sponsor
of the activity and shall be responsible for completing and submitting
such to the Township. Each such quarterly recycling report shall be
submitted on or before the last day of the first month of each quarter
for the preceding quarter. Quarters shall run on a calendar-year basis
thus: January through March; April through June; July through September;
and October through December.
A.
Private developments and property owners associations shall annually
complete a form to be designated "Recycling Plan for Private Developments"
to be provided by the Township, on which the development shall set
forth a planned method for removal of recyclables. All recyclables,
which are required to be kept separate from municipal waste in residential
properties either shall be collected curbside by the development and
delivered directly to a recycling center or shall be picked up by
an authorized private hauler separately from municipal waste, in a
prearranged manner, for the exclusive purpose of recycling.
(1)
One such plan shall be completed and submitted for each development.
All pertinent information requested on the plan shall be provided
prior to submission. Each such recycling plan shall set forth the
name and address of the development, and the name and address of the
private hauler or haulers who regularly services the development,
the method of municipal waste disposal utilized by the development,
if no private hauler is used, and in such case, where the municipal
waste is disposed of.
(2)
The recycling plan shall further set forth the name and business
address of the employee or other person responsible for arranging
disposition or removal of municipal waste and recyclables within the
property, the method by which recyclables will be collected and removed
from the property, who will remove the recyclables, and the destination
of the recyclables.
(3)
The recycling plan required hereby must be submitted annually to
the Township at its designated office and shall be acted upon and
either approved or disapproved by the Township's designated official
within 60 days of proper filing thereof. If no action is taken within
60 days, then the plan shall be deemed approved. Any person required
by this article to complete and submit a recycling plan and obtain
approval thereof and who fails to do so shall be guilty of a violation
of this article.
(4)
If, during any calendar year, the method of collecting or disposition
of recyclables, or the identity of the private hauler regularly servicing
the property shall change, then the development shall, at the time
of such change(s), submit a revised recycling plan for the balance
of the calendar year, accurately setting forth such change(s).
(5)
Private developments and property owners associations shall be responsible
to distribute recycling information outlining program details to each
household twice annually, once every six months, compliant with the
requirements of the Township and Act 101. A copy of said information
shall be provided to the Township at the time of distribution.
B.
Each development shall complete a form to be designated "Recycling
Report," to be provided by the Township, which shall indicate where
the property's recyclables were delivered or picked up by whom.
Such report shall provide information on the type and amount of each
material recycled.
C.
The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclables are delivered or taken shall
be submitted quarterly to the Township. For purposes of submitting
such weigh slips and recycling reports quarterly to the Township,
the private hauler who removed the recyclables from the property may
be the agent for the development and shall be responsible for completing
and submitting such to the Township. Each such quarterly recycling
report shall be submitted on or before the last day of the first month
of each quarter for the preceding quarter. Quarters shall run on a
calendar-year basis thus: January through March; April through June;
July through September; and October through December.
All private haulers shall submit to the Township a recycling
report and all weight slips obtained from the facility or facilities
to which the recyclables were delivered or taken. The said weight
slips shall indicate the weight of all recyclables collected from
within the Township. Each such quarterly recycling report shall be
submitted on or before the last day of the first month of each quarter,
for the preceding quarter. Quarters shall run on a calendar-year basis,
thus: January through March; April through June; July through September;
and October through December.
From the time of placement of residentially generated recyclable
items for collection in accordance with the terms of this article,
the items shall be and become the property of the private hauler.
It shall be a violation of this article for any person unauthorized
by the Township to collect or pick up or cause to be collected or
picked up any such items. Any and each such collection in violation
hereof from one or more locations shall constitute a separate and
distinct offense punishable as hereinafter provided.
The presence of any articles containing a person's name
among municipal waste and recyclables shall create a refutable presumption,
for purposes of this article, that said municipal waste or recyclables
are, or were, the property of the person whose name is found therein.
Any person accumulating or storing municipal waste or recyclables
on private or public property within the Township, including recyclables
assembled within a development, for any purpose whatsoever shall place
the same, or cause the same to be placed, in a closed or covered sanitary
container, in accordance with the following standards:
A.
Containers used for the storage of municipal waste shall be of plastic
construction, equipped with lids and waterproof. All such containers
shall be approved by the Township.
B.
No person, except the occupants of the property on which a waste
container is placed, a private hauler, the Township Zoning Officer
or such other person as the Township may designate and are duly authorized
agent or representative of property owners association or corporation
recognized as such by the Township, shall remove the lids of the container
and/or remove the contents thereof.
C.
All recyclables will be placed in the above-mentioned containers.
Prior to such placement, all plastic containers shall have the tops
removed. All containers shall be rinsed and cleaned prior to placement
in the recycling container for curbside pickup.
A.
Every owner of property or occupant thereof shall contract with an
individual, entity or firm which is an authorized private hauler (consistent
with the requirements of this article) to have all municipal waste
and designated recyclables generated on the premises by any occupants
of the premises removed for proper disposition as provided for in
this article and shall maintain proof of said contract or services
for a period of two years. Collection of waste shall be weekly and
recyclables on an every other week basis.
B.
No person other than an authorized hauler shall collect or remove
municipal waste or designated recyclables from any other person's
property unless otherwise provided for herein. All agreements for
collection, transportation and disposition of municipal waste and/or
recyclables shall be by private contract between the owner or occupant
of the property where the material is generated or on their behalf
by a properly authorized property owners association and the private
hauler who is to collect it.
C.
Nothing herein shall limit the right of the Township to implement
public collection of solid waste and/or recyclables either by entering
into contracts or by engaging in any collection practice permitted
by law.
D.
Nothing in this section shall modify the requirements of this article
pertaining to separation and collection of recyclables.
E.
Nothing in this article shall prohibit a duly organized and registered
property owners association from collecting and assembling municipal
waste and/or curbside collected recyclables at a central location
accessible location within the confines of its development for ultimate
collection as required herein.
A.
Any person transporting municipal waste within the Township shall
prevent or remedy any spillage or leakage/prevention of leakage from
vehicles or containers used in the transport of such municipal waste.
B.
All private haulers shall be required to collect and remove municipal
waste in motor-driven vehicles having enclosed, metal, leakproof bodies
with metal covers made of such material as to prevent the contents
from escaping.
C.
The transfer of waste from one collection vehicle to another may
not take place in the Township, except on private property in those
areas of the Township designated for such by the Township, if any.
No such transfer may take place on any public right-of-way, and no
such transfer operation may block traffic, create litter or in any
other manner constitute a nuisance, create a health hazard or violate
any other ordinance of the Township or provision of statutory law.
The Township is hereby authorized to collect municipal waste
from the Township property, to provide public litter baskets in the
Township and to dispose of such waste in either a receptacle of a
private hauler or at designated disposal sites.
A.
It shall be unlawful for any person, except for litter control and/or
roadside cleanup personnel, and other persons licensed by the Commonwealth
of Pennsylvania as per the amended Title 27 (Environmental Resources),
Waste Transportation Safety Program, of the Pennsylvania Consolidated
Statutes, to collect, haul or transport municipal waste and recyclables.
All such haulers shall comply with the provisions of Title 27, as
well as all federal, state, county and local laws and regulations
to collect and to transport waste of any nature or recyclables within
or from the Township. Authorization to collect, transport and for
proper disposition of municipal waste or recyclables or for whom one
is acting as agent (as defined in this article) may be given only
by the Commonwealth of Pennsylvania through the issuance of a collector's
license.
B.
Nothing in this article shall prohibit a duly organized and registered
property owners association from assembling municipal waste at a central
accessible location within the confines of its development for ultimate
collection as required herein.
A.
Private haulers shall have an affirmative duty to follow and conduct
themselves in accordance with their current license or permit and
to service each of their customers in accordance with their current
license or to service each of their customers in accordance with the
requirements of this article, any failure of which shall be a violation
of this article.
B.
The private hauler shall have placed on the doors or each side of
the body of each vehicle the name of the hauler, the telephone number
of the hauler's office or headquarters, and the type of waste
being transported therein (or, if recyclables are being transported
therein, then such to be indicated). The size of such lettering shall
be no less than six inches in height and clearly legible. Vehicles
shall be so marked within 10 days after the commencement of their
use in the Township.
C.
Private haulers shall be responsible for the manner in which their
employees perform work pertaining to collection, hauling and disposition
of municipal waste and recyclables under the term of this article.
D.
Private haulers shall be responsible for the maintaining vehicles
used for collection in the Township in good operating condition to
assure that the schedule of collections can be maintained. The vehicles
must be kept clean and painted so as to present a favorable appearance.
The Township shall have the right to inspect all vehicles collecting
municipal waste or recyclables within the Township.
E.
Private haulers shall empty bulk containers (such as dumpsters) which
have been provided by them to their customers, and when such bulk
containers become full.
F.
Private haulers shall furnish and provide collection and disposition
of municipal waste, recyclables and/or leaf waste in accordance with
the terms of this article.
G.
Private haulers shall have the window sticker issued for each vehicle
with the license displayed on the vehicle for which it is issued at
the time the license is issued as directed by the amended Title 27
(Environmental Resources), Waste Transportation Safety Program, of
the Pennsylvania Consolidated Statutes.
H.
Private haulers contracted for residential municipal waste collection
shall offer a variable rate pricing, a base price for specified number
of thirty-gallon containers of municipal waste. Collection of municipal
waste in excess of the base amount shall be priced on specified incremental
volumes or per thirty-gallon container.
I.
Private haulers shall pay all costs charged for the use of any disposal
facilities, which they utilize.
J.
Private haulers shall be responsible to distribute recycling information
outlining program details to each customer twice annually, once every
six months, compliant with the requirements of the Township and Act
101.[1] A copy of said information shall be provided to the Township
at the time of distribution.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
K.
Any private hauler collecting municipal waste in the Township shall
be required to advise the Township in writing within 72 hours after
requested as to whether an owner has a current contract for municipal
waste collection disposal. Furthermore, all private haulers shall
cooperate with the Township in providing information in the event
that an action is instituted to enforce the terms and conditions of
this article.
Any person granted a license by the Commonwealth of Pennsylvania
shall not in any manner be construed as an agent, servant or employee
of Coolbaugh Township but shall, at all times, be considered and remain
an independent contractor. Likewise, no property owners association
or corporation who assembles municipal waste or recyclables within
a development shall be construed as an agent, servant or employee
of Coolbaugh Township.
Private haulers shall establish rates to be charged to each
occupant of the premises from which municipal, waste or recyclables
shall be collected. The private hauler shall enter into individual
or separate contracts with each household or occupant of the premises,
without liability to or upon the Township.
All private haulers shall be required to collect and remove
municipal waste and/or recyclables in motor-driven vehicles having
enclosed, metal, leakproof bodies with metal covers or covers made
of such material as to prevent the contents from escaping.
Each private hauler shall have a valid agreement, not subject
to cancellation, covering the use of an appropriate disposal facility
in accordance with the Monroe County Waste Management Plan, or such
other law as may be applicable which governs the use and maintenance
of any such disposal facility.
All private haulers contracted for municipal waste collection
shall provide such customers (residential, multifamily, commercial,
municipal and institutional) the service of removing recyclables (as
defined in this article) from their properties at the curbside or
an appropriate location on the premises. Any such materials so removed
by a private hauler shall be kept separate from municipal waste and
shall be taken to a facility for the specific purpose of recycling.
Failure to provide said services shall be a violation of this article.
The Township reserves the right, by resolution, to direct recyclables
and or leaf and yard waste to a designated facility.
The issuance of a collector's license by the Commonwealth
of Pennsylvania shall not grant vested right to any collector or a
continued right to haul or collect municipal waste, recyclables or
leaf and yard waste in the Township. The Township reserves the right
to contract for municipal waste, recycling or leaf and yard waste
collection services or to initiate the public collection of municipal
waste, recyclables and/or leaf and yard waste.
No private hauler shall accept, pick up or remove any bag or
other container of municipal waste which the private hauler knows,
or has reason to believe, contains recyclables, combined with municipal
waste placed at curbside or otherwise placed for pickup, the private
hauler shall affix a tag or sticker (provided by the Township) to
the container containing the recyclables, retain a copy for his records
and deliver a copy to the Township within 48 hours. The tag or sticker
shall contain the address at which the container is located the nature
of the suspected violation or the reason which led him to believe
that recyclable materials were in the municipal waste container (e.g.,
visual observation or heard bottles and cans rattling). Once the sticker
or tag is affixed to the container, it is to be left at the location
where it was originally placed.
No person shall terminate the services of a private hauler because of such private hauler's compliance with requirements set forth in § 337-48 above.
In the event that any private hauler misses a pickup, the private
hauler shall collect from the missed location within 24 hours of notification
from the missed resident, provided the resident has abided by the
terms of his or her contract with the private hauler.
Nothing contained herein shall impair or prohibit any recognized
civic, fraternal, charitable or benevolent organization, association
or society from undertaking or sponsoring voluntary programs or projects
involving the collection of recyclables from the public. Any such
collection activity can only occur prior to the recyclable materials
being placed at curbside or similar location for collection by a private
hauler. Prior to initiating such activity, the organization shall
obtain authorization from the Township.
A.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$300 nor more than $1,000, plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this article continues or each section
of this article, which shall be found to have been violated, shall
constitute a separate offense. For purposes of this article, the doing
of an act or thing prohibited by any provision of this article or
the failure to do any act or thing or to which any provision of this
article creates an affirmative duty shall constitute a violation of
this article, punishable as herein stated.
B.
Private haulers who shall violate any provision of this article may
be reported to the Commonwealth of Pennsylvania Department of Environmental
Protection by the Township and may be subject to revocation of state
authorization to transport municipal waste, as described in the amended
Title 27 (Environmental Resources), Waste Transportation Safety Program,
of the Pennsylvania Consolidated Statutes.
C.
Coolbaugh Township shall designated an individual or entity responsible
for enforcement of this article.
The various headings used throughout this article are intended
only as an aid in its organization, in order to facilitate ease of
reading, and are not to be considered a substantive part of this article.
In this article, unless the context clearly indicates otherwise, the
singular shall include the plural; the plural shall include the singular;
and the masculine shall include the feminine and neuter.
